DA trying to overturn sentence in rape case

Published: Tuesday, November 19, 2013 at 3:30 a.m.

Last Modified: Monday, November 18, 2013 at 11:54 p.m.

ATHENS | An Alabama prosecutor wants a state appeals court to review the sentence given to a man who was convicted on three counts of rape but avoided any time in prison.

Limestone County District Attorney Brian Jones filed papers Saturday asking the Court of Criminal Appeals to intervene in the case of Austin Smith Clem, 25, of Athens. Jones also asked a judge to delay the sentence and temporarily incarcerate Clem.

A jury in September convicted Clem on three counts of rape in a series of sexual assaults on a neighbor.

Clem could have faced decades in prison. But Circuit Judge James Woodroof last week handed down a sentence that means Clem won’t have to spend any time in prison.

<p>ATHENS | An Alabama prosecutor wants a state appeals court to review the sentence given to a man who was convicted on three counts of rape but avoided any time in prison. </p><p>Limestone County District Attorney Brian Jones filed papers Saturday asking the Court of Criminal Appeals to intervene in the case of Austin Smith Clem, 25, of Athens. Jones also asked a judge to delay the sentence and temporarily incarcerate Clem. </p><p>A jury in September convicted Clem on three counts of rape in a series of sexual assaults on a neighbor. </p><p>Clem could have faced decades in prison. But Circuit Judge James Woodroof last week handed down a sentence that means Clem won't have to spend any time in prison. </p><p>The victim told reporters she is outraged by the sentence.</p>